The Town of East Granby, under its powers pursuant to state
law, has adopted this chapter to protect public health, safety, and
welfare by prohibiting the intentional feeding of wildlife. This chapter
is intended to assist our residents, guests, and other stakeholders
to peacefully and safely coexist with wildlife.
When used in this chapter, the following definitions apply:
AUTHORIZED ENFORCEMENT AGENCY
All sworn personnel of the Police Department and Animal Control
Officers. Additionally, any employees or designees of the Town as
designated by the First Selectman to enforce this chapter.
PERSON
An individual, a corporation, a partnership, a nonprofit,
a trust, an unincorporated organization, business organization of
any kind or any other group or organization.
TOWN
The Town of East Granby.
WILDLIFE
Includes, but is not limited to, nondomesticated animals
that due to intentional feeding have been determined to be a nuisance
or threat to public health, safety, and welfare such as bears, deer,
coyotes, bobcats, fisher cats, turkeys and wild birds. Wildlife does
not include livestock used for agricultural purposes.
In recognition that these animals are wild and should be left
alone for the health, safety, and welfare of both the wildlife and
our residents, guests, and other stakeholders, the following is prohibited
activity:
A. Intentional feeding of wildlife. Feeding, giving, placing, exposing,
depositing, distributing or scattering any edible material, attractant,
or other substance with the intention of feeding, attracting or enticing
wildlife.
B. Feeding birds. Bird feeders should not be used from April 1 through
November 30, unless the source is recognized as not being desirable
to bears, such as but not limited to Nyjer or thistle.
C. Improperly storing food, refuse, or other wildlife attractants. Improperly
storing food, pet food, refuse (garbage), or other attractants and
substances in a manner that results in wildlife feedings.
The following shall be exceptions to §
184-3:
A. Unintentional feeding of wildlife. Unintentional feeding of wildlife
means using or placing any material for a purpose other than to intentionally
attract, entice, or feed wildlife but which results in unintentionally
attracting, enticing, or feeding of wildlife. Unintentional feeding
will become intentional feeding if a written notice is issued by an
authorized enforcement agency and ignored.
B. Composting. Composting that was properly secured but unintentionally
led to the feeding of wildlife is excluded.
C. Feeding birds. Bird feeders may be used from December 1 through March
31. If the food is recognized as not desirable to bears, such as,
but not limited to Nyjer or thistle, bird feeders may be used year
round.
D. Permitted activity. This chapter does not apply to any person with
a valid permit issued by the State of Connecticut, Department of Energy
and Environmental Protection.
E. Wildlife rehabilitation. Any person providing care to wildlife for
the purpose of an animal's rehabilitation due to illness or injury,
as part of a recognized for-profit or nonprofit entity providing for
such care of wildlife.
Whenever the authorized enforcement agency determines that a
person has violated this chapter, the authorized enforcement agency
is authorized to issue a written warning to the violator for a first
offense and then a fine in the amount of $100 for a second offense
and $250 for each additional offense. Any violation continued more
than one day shall constitute a separate offense for each day such
violation continues. After two or more violations of this chapter
have been cited to any person, the Town may initiate a civil action
in Superior Court for injunctive relief to prohibit and prevent such
violation or violations, and the court may proceed in the action in
a summary matter.
Any person receiving a fine may appeal the determination of
the authorized enforcement agency to the First Selectman who will
serve as hearing officer. The notice of appeal must be received in
writing and filed with the Town Clerk's office within 10 business
days from receipt of the notice of the fine. The appeal shall be deemed
received by the Town on the first business day following the day it
is filed with and received by the Town Clerk's office. Hearing
on the appeal before the First Selectman shall take place within 30
business days from the date of receipt of the notice of appeal. The
decision of the First Selectman may be appealed to Superior Court.